Chapter 122:1-1 Certification Criteria and Procedures

122:1-1-01 Effect of decertification.

In the event that an "Impacted City" enters into a financial agreement for a project with a community urban redevelopment corporation pursuant to section 1728.07 of the Revised Code, subsequent revocation of a workable program certification shall in no way affect the project or the financial agreement.

R.C. 119.032 review dates: 11/22/2013 and 11/22/2018
Promulgated Under: 119.03
Statutory Authority: 122.06
Rule Amplifies: 1728.01
Prior Effective Dates: 8/11/1974, 9/26/1998, 12/22/2004

122:1-1-02 Application and criteria.

(A) Applications for workable program certification shall be signed by the executive officer of the applying municipal corporation and shall set forth each element required by the criteria of this rule in sufficient detail to enable the director of the development services agency to make a determination as to whether the requirements of this rule are met. Reasonable supporting documentation and information may be required upon the request of the director of the development services agency.

(B) The director of the development services agency shall certify the workable program of a municipal corporation where the director finds that the requirements of this rule are met and that each criterion set forth in paragraphs (B)(1) to (B)(6) of this rule is substantially satisfied.

(1) The municipal corporation shall have adopted or be enforcing a municipal building code or other effective enforceable regulations which (a) meet the minimum standards set forth in the Ohio building code and all model codes adopted by the Ohio board of building standards pursuant to section 3781.10 of the Revised Code as they are or may hereafter be amended and (b) do not unduly restrict or prohibit the use of new materials and methods of construction.

(2) The municipal corporation shall have adopted or be enforcing a housing code, or other effective enforceable regulations used by the municipal corporation to maintain safe and sanitary housing, and have in effect a program of housing, building, and related code enforcement on a priority basis. The program shall include efforts (a) to eliminate blight in basically sound but deteriorating areas, and (b) to deal with serious threats to health and safety in blighted areas.

(3) The municipal corporation shall have in effect a continuing planning and programming process for orderly community development, which shall include the following elements:

(a) Alternative solutions available for the social, racial, economic, and physical problems of slums and blighted areas in the municipal corporation. Those solutions shall address the problems of poor and minority citizens and the advancement of equal opportunity, and shall include efforts to eliminate discriminatory barriers in the housing supply and to assure the availability of housing on an open occupancy basis.

(b) Land use planning without unreasonable constraints on low and moderate income housing.

(c) Efforts to develop solutions to the nonphysical problems associated with slums and blighted areas. Evidence that consideration has been given to the needs of minority citizens in planning, administrative resources, and capital programs shall be provided.

(d) A completed work program based upon census tracts or other identifiable areas which analyzes:

(i) Housing conditions, including the location and extent of blight;

(ii) Characteristics of families affected by poor housing;

(iii) The adequacy of public and private facilities and services;

(iv) Conditions in non-residential areas, including the location and extent of blight; and

(v) Factors causing blight.

(e) A completed work program based upon census tracts or other identifiable areas which proposes:

(i) Plans to eliminate present blight and future blight; and

(ii) A schedule of priorities for such plans.

(f) Due consideration of the need to provide environmental amenities.

In evaluating the planning and programming process, the director of the development services agency shall consider the following: budget and staff resources; relationships between the decision making and the planning processes; utilization of existing community resources that impact upon effects made to expand existing resources where reasonably required; and the relationship of the elements in the process.

(4) The municipal corporation shall have identified and analyzed the gap, if any, between the number of low and moderate income families living in substandard housing, and the number of units existing at prices or rentals within the means of such families. The analysis shall also project total housing needs.

(5) The municipal corporation shall have identified what administrative capabilities exist or can be provided to deal with displaced families and individuals, and what housing resources are available within the municipality and its environs. The workable program need not deal with such administrative capabilities and housing resources as they relate to specific projects.

(6) The municipal corporation shall have taken action to assure continuing opportunity for the involvement of citizens, including the poor and minorities, in:

(a) The development of the workable program goals and objectives;

(b) The planning and programming process; and

(c) Any program to expand low and moderate income housing.

Meaningful citizen participation may be established by involvement in planning, evaluating, monitoring and influencing program development and implementation, or by other appropriate means.

Effective: 02/10/2014
R.C. 119.032 review dates: 11/22/2013 and 02/10/2019
Promulgated Under: 119.03
Statutory Authority: 122.06
Rule Amplifies: 1728.01
Prior Effective Dates: 8/11/1974, 9/26/1998

122:1-1-03 Certification.

(A) Written notice of the director of the development service agency's action shall be sent to the applicant within sixty days of receipt of an application. The director shall take such action only after an application has been determined to completely address the criteria set forth in rule 122:1-2-02 of the Administrative Code or an application where the municipal corporation has failed to respond to the director's request for additional information or clarification within thirty days of receipt of written notice In the event certification is not granted, the director shall provide the applicant with a written statement of the reasons therfore.

(B) In the event certification is not granted, the chief executive officer of the applying municipal corporation may request a formal conference with the director of the development services agency or the director's representative by giving written notice of the request within thirty days after receipt of notice of refusal. The executive officer of the applying municipal corporation shall send, either together with the notice of a request for a formal conference or within a reasonable time thereafter, any additional information, evidence, or argument, which the chief executive officer contemplates the municipal corporation may wish to present in support of its application at the formal conference.

(C) Within thirty days from receipt of a request for a formal conference, the director of development services agency or the director's representative shall set a time and place for the formal conference.

(D) The applying municipal corporation may provide at the formal conference in support of its application any additional information, evidence, or argument, which shall not be restricted to that submitted earlier.

(E) Within ten days after the formal conference the director shall notify the applying municipal corporation of his decision on rehearing which may be any of the following:

(1) Affirmation of the prior action;

(2) Reversal of the prior action;

(3) Continuance of the matter until a date certain, during which time the applicant may show that each criterion set forth in rule 122:1-1-02 of the Administrative Code is substantially satisfied.

(F) Certification of "Impacted City" status obtained pursuant to division (C)(2) of section 1728.01 of the Revised Code shall last for two years from the date of the certification from the director of the development services agency and shall not be renewed unless the declaration on which the status is based continues in effect beyond the designated time frame of the clarification.

Effective: 02/10/2014
R.C. 119.032 review dates: 11/22/2013 and 02/10/2019
Promulgated Under: 119.03
Statutory Authority: 122.06
Rule Amplifies: 122.06
Prior Effective Dates: 8/11/1974, 9/26/1998, 3/24/2004

122:1-1-04 Recertification and reporting requirements.

(A) In order to retain the certification of a workable program certified other than on the basis of current federal certification, a municipal corporation shall submit two years after certification and every two years thereafter to the director of the development services agency the following items:

(1) A statement of any changes in its workable program;

(2) A list of all projects that are in process including but not limited to those under construction currently subject to a tax exemption or otherwise deemed active by the applicant during the previous two year period on a form provided by the director of the development services agency; and

(3) A list of all community urban renewal corporations that have been created as part of an "Impacted Cities" project and formerly recognized by the applicant regardless of whether they are currently involved in an active project.

If there has been no substantial change with respect to a particular element, a statement to that effect may be sufficient, but reasonable supporting documentation and information may be required upon the request of the director of the development services agency.

(B) Statements shall be due thirty days prior to the two year anniversary date and thirty days prior to every subsequent two year anniversary date of the date of the director of the development service agency's original certification.

(C) If a municipal corporation that is certified as an impacted city under Chapter 1728. of the Revised Code fails to provide the materials required pursuant to this rule, the director shall determine that such failure to provide recertification materials renders that municipal corporation's workable program out of compliance with the criteria of rule 122:1-1-02 of the Administrative Code. The director of the development services agency shall send to the executive officer of the municipal corporation notice that the workable program of the municipal corporation is suspended effective upon receipt of the notice. While such suspension is in place, a municipal corporation may not undertake any action or project with a community urban redevelopment corporation pursuant to section 1728.07 of the Revised Code or avail itself of any of the other rights or authorities previously conferred upon it by virtue of its status as an impacted city under Chapter 1728. of the Revised Code.

(D) If a municipal corporation is suspended pursuant to paragraph (C) of this rule, it may have such suspension lifted if it provides to the director of the development services agency all of the materials required under this rule within ninety days of its receipt of the notice of suspension. If a municipal corporation is suspended pursuant to this rule and fails to provide the materials required under this rule within ninnety days of its receipt of the notice of suspension, it shall be subject to decertification pursuant to rule 122:1-1-05 of the Administrative Code.

Effective: 02/10/2014
R.C. 119.032 review dates: 11/22/2013 and 02/10/2019
Promulgated Under: 119.03
Statutory Authority: 122.06
Rule Amplifies: 122.06
Prior Effective Dates: 8/11/1974, 9/26/1998, 3/24/2004

122:1-1-05 Decertification.

(A) If upon review of the statement required by paragraph (A) of rule 122:1-1-04 of the Administrative Code, the director of the development services agency determines that a workable program no longer meets the criteria of rule 122:1-1-02 of the Administrative Code, then the director shall send to the executive officer of the municipal corporation notice that the workable program of the municipal corporation is decertified effective thirty days after receipt of the notice. The notice of decertification shall include the reasons for decertification.

(B) In the event of decertification pursuant to paragraph (A) of this rule, the chief executive officer of the affected municipal corporation may request a formal conference with the director of the development services agency or the director's representative by giving written notice of the request within thirty days after receipt of notice of decertification. A request for a formal conference shall stay decertification of the municipal corporation's workable program. The executive officer of the applying municipal corporation shall send, either together with the notice of a request for a formal conference or within a reasonable time thereafter, any additional information, evidence, or argument, which the executive officer contemplates the municipal corporation may wish to present in support of continued certification at the formal conference.

(C) Within thirty days from receipt of a request for a formal conference, the director of the development services agency or the director's representative shall set a time and place for the formal conference.

(D) The applying municipal corporation may provide at the formal conference in support of continued certification any additional information, evidence, or argument, which shall not be restricted to that submitted earlier.

(E) Within ten days after the formal conference the director shall notify the applying municipal corporation of his decision on rehearing which may be any of the following:

(1) Affirmation of the prior decision to decertify,

(2) Reversal of the prior decision to decertify,

(3) Continuance of the matter until a date certain, during which time the applicant may show that each criterion set forth in rule 122:1-1-02 of the Administrative Code is substantially satisfied.

(F) If a municipal corporation that has become decertified pursuant to paragraph (A) of this rule wishes to regain its status as an impacted city under Chapter 1728. of the Revised Code, it shall complete a new application consistent with that chapter and rules 122:1-1-02 and 122:1-1-03 of the Administrative Code.

Effective: 02/10/2014
R.C. 119.032 review dates: 11/22/2013 and 02/10/2019
Promulgated Under: 119.03
Statutory Authority: 122.06
Rule Amplifies: 1728.01
Prior Effective Dates: 8/11/1974, 9/26/1998